13 judgesV. Skouris, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, U. Lõhmus, A. Rosas, R. Silva de Lapuerta, E. Levits, A. Ó Caoimh, L. Bay Larsen, T. von Danwitz, A. Arabadjiev, E. Jarašiūnas
59In the present case, it was not until 2005 that Solvay was able to take a position on the documents seized during 1989. Nevertheless, the loss of a certain number of sub-files and the fact that there was no list of the contents of those sub-files meant that it was unable to ascertain whether the missing documents could have been useful for its defence and whether, in consequence, it could have relied on them.